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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR)
strongly condemns the murder of Lenca indigenous leader Tomas Garcia and
injuries to his son, 17-year-old Allan Garcia Dominguez, allegedly committed
by members of the Honduran Army. The IACHR urges the State of Honduras to
ensure the physical integrity and security of leaders and members of the
Lenca people, who protest against the implementation of projects in their
ancestral territory. The Commission urges the State to investigate these
acts of violence, resolve them judicially, and punish those responsible.

According to available information, on July 15, 2013, members of the
Honduras army fired their weapons against members of the Lenca people when
they were holding demonstrations against the implementation of a
hydroelectric project in their ancestral territory. This resulted in the
death of Tomas Garcia, community leader and active member of the Civic
Council of Popular and Indigenous Organizations of Honduras (COPINH), and
injury to the child, Allan Garcia Dominguez, who was shot in the chest and
is in a serious health condition.

Reports indicate that since April, the Lenca people has been holding
demonstrations against a hydroelectric project in the Agua Zarca sector on
the Guacarque River, part of the Lenca ancestral territory. The project was
awarded to private companies through a concession. According to the leaders
of the Lenca people, there was no prior consultation on the project.
According to COPINH, in this context, violent acts and threats against the
lives of indigenous leaders of COPINH have taken place, allegedly for
reasons related to their opposition to the project.

The IACHR reminds the State of its obligation to judicially investigate
such acts of violence, punish those responsible, and repair the
consequences. Additionally, the Commission reiterates that the
demonstrations and protests are an expression of the right of association
and freedom of expression, fundamental rights guaranteed in the American
Convention on Human Rights and essential to the existence and functioning of
a democratic society. The Commission also recalls that a State may impose
reasonable restrictions on demonstrations in order to ensure the peaceful
development of the same or disperse those that turn violent, provided that
such limits are governed by the principles of legality, necessity, and
proportionality. In this regard, the Commission urges to adopt mechanisms to
avoid excessive use of force by government agents in protests, and calls on
the State to urgently adopt all measures necessary for the adequate
protection of protestors in compliance with the American Human Rights
Standards. Additionally, the Commission calls on the State to design and
implement security operations taking into particular consideration the
possible presence of children in demonstrations or other forms of protest
and therefore deploy all necessary efforts to ensure special protection
against all acts of violence.

The Commission also notes that, as reiterated by the American system
organizations, States must ensure that indigenous peoples are previously,
freely, and in an informed way consulted about the issues that may affect
them, taking into account that this consultation should be directed to reach
an administrative or legislative agreement in relation to actions that have
an impact on their rights.

The Commission also reiterates that acts of violence and other attacks
against human rights defenders, as is the case with indigenous leaders who
defend their right to their ancestral land, not only violate their rights as
individual persons, but also threaten against the fundamental role they play
in society, and create situations of helplessness for all people who benefit
from their work.

The IACHR is an autonomous organ of the Organization of American States
(OAS), deriving its mandate from the OAS Charter and the American Convention
on Human Rights. The Inter-American Commission has a mandate to promote
respect for human rights in the region and acts as a consultative body to
the OAS in this matter. The Commission is composed of seven independent
members who are elected by the OAS General Assembly in their personal
capacity and do not represent their countries of origin or residence.